Judge rules against backers of initiative to cap Montgomery County spending

A judge has ruled against the backers of a ballot initiative to cap Montgomery County spending, saying the Board of Elections correctly concluded that the group failed to collect enough signatures to place it on November’s ballot.

The committee behind the Control MoCo Spending ballot initiative filed a petition last week challenging the elections board’s finding.

The proposed charter amendment would have capped Montgomery County’s annual spending increases at the rate of inflation and required the County Council to vote unanimously to increase the operating budget above the rate of inflation.

The elections board determined that 9,698 of the 14,074 signatures submitted by the committee were valid. An initiative requires at least 10,000 valid signatures to be placed on the ballot. The committee, according to the board, was 302 short.

But the committee argued that more than 325 signatures rejected by the elections board were also valid and requested a judicial review of the board’s findings.

Montgomery County Circuit Judge Marybeth Ayres upheld the board’s decision Thursday.

“We’re pleased that Judge Ayers’ ruling supported the careful and diligent nonpartisan work of the Election Director and our hard-working staff in the detail-oriented job of reviewing the petition signatures under tight timelines pursuant to the state law, regulations, rules, and policies governing the review of petitions,” Board of Elections President David Naimon said in a LinkedIn post Thursday.

Mark Lautman, chairman of the Control MoCo Spending committee, expressed disappointment with the decision in a statement Friday.

“As a result of the judge’s decision, the signers of the petition have been silenced and the voters in Montgomery County disenfranchised as they will not have the opportunity to vote on this fiscally responsible amendment on the November general election ballot,” he said.

County Executive Marc Elrich, a vocal opponent of the initiative, issued a statement Thursday praising the ruling.

“The petition drive failed, and I believe that is the right outcome for Montgomery County,” Elrich said.

“But its supporters have made clear they intend to come back in 2028, so residents deserve to understand exactly what they are being asked to support,” he added. “Giving any one of 11 council members the ability to block a budget could have real consequences for our schools, emergency services and other programs people depend on.”